Gang charges and Penal Code section 186.22
California law punishes gang members—and those who associate with gang members—more harshly than people alleged to have no gang ties. Penal Code section 186.22 is part of the California Street Terrorism Enforcement and Prevention Act and is commonly referred to as California’s street-gang enhancement law.
The law may be alleged when a felony is claimed to have been committed for the benefit of, at the direction of, or in association with a criminal street gang, with the intent to promote, further, or assist criminal conduct by gang members.
Potential enhancement terms
The archived page described additional punishment that could include:
- An additional two, three, or four years at the judge’s discretion
- An additional five years when the underlying felony is classified as serious
- An additional ten years when the underlying felony is classified as violent
Serious and violent felonies
The archived page listed murder, manslaughter, certain sex crimes, firearm use, robbery, bank robbery, victim or witness intimidation, certain narcotics offenses, and certain crimes against school officials, peace officers, and correctional officers among the offenses that may create major enhancement exposure.
School-zone allegations
The archived page also discussed increased punishment when qualifying conduct is alleged to have occurred on or near school grounds during school hours or school-related programs.
The enhancement can eclipse the underlying case
Depending on the circumstances, an enhancement can mean substantial additional prison time—even when the accused person is not alleged to be a formal gang member or the person directly responsible for the underlying act. Gang allegations require immediate investigation of the claimed association, expert testimony, photographs, social-media evidence, police intelligence, and the prosecution’s theory of benefit and intent.
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